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7 The Supreme Court and the Original Ninth Circuit, 1837–1842 [i] would do [McKinley] justice . . . [and not] join in denunciations . . . for not doing what it was physically impossible for him to do. n otwithstanding the complaints against him, he performed more labor than any of the judges on the bench. The remedy for the evils complained of should be cured by the legislation of c ongress, and not by requiring an impossibility of the judges of the Supreme c ourt. —c ongressman William Gwin, 1842 McKinley received notice of his September conĀrmation several weeks after the fact, making it impossible for him to attend the fall 1837session of circuit court in Mobile, which began on the second Monday in o ctober . h owever, he did arrive on schedule in Jackson, Mississippi, to convene court on the Ārst Monday in n ovember. The enormous docket awaiting him there coupled with the fact that n ew o rleans, the next scheduled circuit site, was still recovering from a yellow fever epidemic caused him to remain in Jackson far longer than he normally would have. The extra time and effort McKinley devoted to his Ārst circuit court assignment did not go unnoticed. To show their appreciation, members of the Mississippi Bar adopted the following resolution and had it published in Jackson area newspapers during the Ārst week of December: “Resolved , That the thanks of this meeting be presented to the h onorable John McKinley, for the able, digniĀed and impartial manner, and the unwearied patience and industry with which he has discharged his duties during the present Term of this court.” it went on to extend to him “the kindest wishes of the Mississippi Bar” and a prayer “for his safe return to his family, and his health and prosperity through life.”1 McKinley surely appreciated the commendation, especially coming so early in his Supreme c ourt career, but it could not mask the harsh realities of his new circuit. The overland journey to Jackson from Florence was 280 bone-jarring miles. After just one session of circuit court, it was readily apparent to McKinley that dispensing justice throughout the far- 144 c hapter 7 flung n inth c ircuit in the locations and according to the scheduled prescribed by c ongress would be impossible. When he arrived in Washington in mid-December to prepare for the c ourt’s upcoming term, McKinley raised the issue personally with President Van Buren. in a subsequent letter to Van Buren, McKinley reminded him of their meeting and of the president’s apparent sympathy for his concerns . h e wrote, “At the time of the Supreme c ourt of 1838i had the honor to bring to your attention, by a conversation i then held with you, the great inequality of the labors and duties of the several Judges of the supreme court, while performing circuit court duties.” McKinley hoped that Van Buren would take up his cause with c ongress, reminding the president that he, too, “appeared to think it a proper subject to communicate in [his] annual message.”2 h owever, Van Buren failed to mention the equalization of the justices’ circuit duties in his State of the Union address that year. Aware that congressional authorization was necessary for any circuit changes, McKinley turned to his friends and former colleagues in both the h ouse and Senate for assistance. indeed, just three days into the congressional session, c lement c . c lay (in his Ārst official act as Alabama’s newest senator, having Ālled the seat McKinley vacated) motioned that the Senate’s Judiciary c ommittee inquire into the possibility of altering the n inth c ircuit’s court schedule.3 Two months later, Felix Grundy of Tennessee reported a bill from that committee that offered the Ārst pragmatic solution to the challenges of the n inth c ircuit. That proposal would have directed McKinley to arrive Ārst in l ittle Rock, followed by Jackson, n ew o rleans, and Mobile. it was a far more rational circuit path, without the crisscrossing and doubling back of the current route. it also allocated additional time between the circuit court dates to allow for heavy dockets and travel. The bill prompted spirited debate on both sides of the c apitol at the very time that McKinley and his brethren were in session in their basement chamber below. McKinley’s Ārst Supreme c ourt term in Washington officially opened on January 8, 1838, when the...

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